• Mortgages on Tenancy by the Entireties Properties

    May 02, 2014 |

    The rights of a mortgagee with respect to property held by a married couple as tenants by the entirety engenders considerable confusion, sometimes leading to litigation even of easy cases..

  • Settlement in Chambers

    November 26, 2013 |

    Matrimonial Courts routinely accept that oral settlements dictated on the record in open courts are valid and binding. But here's what you need to know.

  • CPLR ' 6501 in Mortgage Foreclosure Actions and RPL ' 290 Short-term Leases

    April 28, 2009 |

    This author previously suggested consideration of amending CPLR ' 6501. The article herein addresses an additional reason for amending CPLR ' 6501, to wit: whether a properly filed N/P in a mortgage foreclosure plenary action binds to its results a later created interest in the subject realty evidenced by any type of lease or other possessory interest agreement for a term of less than three (3) years.

  • The Latest Word on RLUIPA

    March 30, 2006 |

    The impact of the federal Religious Land Use and Institutionalized Persons Act (RLUIPA) on the power of local zoning authorities has been the subject of much concern across the country. In New York, the primary focus of attention has been on efforts by the Village of Mamaroneck to thwart the expansion plans of the Westchester Day School (WDS), which has operated a Jewish day school in a residential neighborhood for more than 50 years. The latest chapter in the saga is an opinion by Judge Conner of the Southern District ordering the Mamaroneck Zoning Board of Appeals to approve the Day School's special permit application. The opinion is noteworthy on two fronts: first, for its broad construction of 'religious exercise,' and second for its treatment of the compelling government interests that might justify placing a substantial burden on religious exercise.

  • A Possible Need to Amend CPLR ' 6501

    October 06, 2005 |

    A recent decision of the Supreme Court, N.Y. County, in a landlord-tenant dispute has highlighted the extreme difficulty facing an owner when a notice of pendency is filed against its realty in an action arguably affecting the title to, possession, use or enjoyment of, the owner's real property, CPLR ' 6501.

  • Protecting Against the Current Real Estate Market

    August 31, 2005 |

    For the past several months there has been a steady drumbeat in the press about the overheated real estate market. Is it a case of modern-day tulip mania or merely a reflection of the laws of supply and demand? Will prices continue to surge or is there a crash looming? Although macro economic factors doubtless are at play, nevertheless there has been little discussion of what action, if any, individual co-op and condo boards, buyers and owners can or should take, as a matter of law or policy, to protect their respective interests and preserve the stability of their buildings in this environment.

  • Second Circuit Tackles RLUIPA

    November 02, 2004 |

    The federal Religious Land Use and Institutionalized Persons Act (RLUIPA) threatens to have a significant impact on local zoning decisions. Municipalities across the country have challenged the statute's constitutionality. In the most recent of those cases, Westchester Day School v. Village of Mamaroneck, 2004 US App LEXIS 20327 (NYLJ, 10/15/2004, p. 18, col. 1), the Second Circuit declined to address the constitutional issues directly, but suggested a narrow construction of the statute that would reduce RLUIPA's impact on local zoning policies.

  • MERS and the Recording Act

    July 30, 2004 |

    In Merscorp. v. Romaine (see page 7, infra), Suffolk County Supreme Court was faced with a clash between the traditionally local real property recording system and the increasingly national secondary mortgage market. The County Clerk's office had refused to accept for recording instruments filed in the name of MERS (Mortgage Electronic Recording Systems, Inc.), prompting a proceeding by MERS and the operating company that owns the MERS system for a writ of mandamus compelling the County Clerk to record and index MERS instruments. The case resulted in a split decision: the County Clerk is required to record MERS mortgages, but not assignments or certificates of discharge. The court's opinion, however, reveals some misunderstanding both of the MERS system and of the recording act.